HomeMy WebLinkAboutO-91-18ORDINANCE NO. 0-91-18
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA AMENDING CHAPTER 16 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO
NUISANCES, IN ITS ENTIRETY; AMENDING SECTIONS 16-1
PERTAINING TO DEFINITIONS, 16-1.1 PERTAINING TO COUNCIL
INTENT, 16-2 PERTAINING TO ILLUSTRATIVE ENUMERATIONS,
16-2.1 PERTAINING TO NOTICE OF VIOLATION - GENERALLY,
16-3 PERTAINING TO NOTICE OF VIOLATION - PROCEDURE AND
FORM, SECTION 16-4 PERTAINING TO HEARINGS BEFORE CODE
ENFORCEMENT BOARD, SECTION 16-5 PERTAINING TO
CONDITIONS MAY BE REMEDIED BY THE CITY AND LIEN
IMPOSED, SECTION 16-6 PERTAINING TO SANITARY LIEN BOOK,
SECTION 16-7 PERTAINING TO RULES AND REGULATIONS
AUTHORIZED, AND SECTION 16-8 PERTAINING TO PENALTY FOR
VIOLATION, OF THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. Chapter 16 of the Code of Ordinances of the
City of Sebastian is hereby amended in its entirety to read as
follows:
"Sec. 16-1. Definitions.
1. Nuisance: For the purposes of this chapter, the word
"nuisance" is hereby defined as any person doing any unlawful
act, or omitting to perform a duty, or suffering or permitting
any condition or thing to be or exist, which act, omission,
condition or thing either:
(a) Injures or endangers the comfort, repose, health or
safety of others; or
(b)Offends decency; or
(c)Is offensive to the senses; or
(d) Unlawfully interferes with, obstructs or tends to
obstruct or renders dangerous for passage any public
or private street, highway, sidewalk, stream, ditch
or drainage; or
(e) In any way renders other persons insecure in life
or the use of property; or
(f) Essentially interferes with comfortable enjoyment
of life and property, or tends to depreciate the
value of the property of others.
2. Improved real property: Any lot, tract or parcel of land
upon which a structure of any kind or type has been
either placed or constructed. Improved real property
shall not include property which is otherwise unimproved
except to the extent that a dock or similar structure has
been constructed pursuant to §20A-5.7(D) of the Land
Development Code of the city of Sebastian.
3. Unimproved real property: Any lot, tract or parcel of
land that does not have any structure of any kind or type
either placed or constructed upon it.
8e~. ~6-~.L. Counoil in~en~.
The city council of the city finds and determines that the
continuous growth and urban development of this city require the
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reasonable and effective control and regulation of excessive growth
and accumulation of weeds, under growth and other plant life to the
extent and in such manner as to cause infestation by rodents and
other health endangering wild animals, the breeding of mosquitos
and vermin or to threaten or endanger the public health, or
adversely affect and impair the economic welfare or adjacent
property. These findings are not to be construed to be in conflict
with the intent of the council to encourage the protection of trees
in this community. Further, the council finds and determines that
the accumulation of garbage and trash and the accumulation, storage
and maintenance of junk of trash requires reasonable and effective
control to protect the public health, safety and welfare of the
community.
Sec. 16-2. Illustrative enumeration.
The maintaining, using, placing, depositing, leaving or permitting
to be or remain on any public or private property of any of the
following items, conditions or actions are hereby declared to be
and constitute a nuisance; provided, however, this enumeration
shall not be deemed or construed to be conclusive, limiting or
restrictive:
(1) Accumulation of trash, litter, debris, garbage, bottles,
paper, cans, rags, dead or decayed fish, fowl, meat or
other animal matter; fruit, vegetables, offal, bricks,
concrete, scrap lumber or other building debris or other
refuse of any nature;
(2) Any condition which harborage for rats, mice, snakes and
other vermin;
(3) Any building or other structure which is in such a
dilapidated condition that it is unfit for human
habitation, or kept in such an unsanitary condition that
it is a menace to the health of people residing in the
vicinity thereof, or presents a more than ordinarily
dangerous fire hazard in the vicinity where it is
located;
(4) All unnecessary or unauthorized noises and annoying
vibrations, including animal noises;
(5) All disagreeable or obnoxious odors and stenches, as well
as the conditions, substances or other causes which give
rise to the emission or generation of such odors and
stenches;
(6) The carcasses of animals or fowl not disposed of within
a reasonable time after death;
(7) The pollution of any public well or cistern, stream,
lake, canal or body of water by sewage, dead animals,
creamery, industrial waters or other substances;
(8) Any building, structure or other place or location where
any activity which is in violation of local, state, or
federal law is conducted, performed or maintained;
(9) Any accumulation of stagnant water permitted or
maintained on any lot or piece of ground excluding
drainage facilities contained in public rights of way or
easements as authorized by the City of Sebastian;
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(10) Dense smoke, noxious fumes, gas, soot or cinders, in
unreasonable quantities;
(11) Growth of weeds, grass, undergrowth or other
vegetation, upon improved real property, to a height
of ten (10) inches or more.
Sec. 16-2.1. Notice of violation -- Generally.
Upon the failure of the owner or owners of any lot, parcel or tract
of land within the city to keep such premises free of weeds, grass
and undergrowth of a height of ten (10) inches or more from the
ground, or of rubbish, trash, debris, dead trees, or other
unsightly or unsanitary matter, or to keep such premises free of
excavations or depressions, or other nuisances as provided in
section 16-2, provided above, then it shall be the duty of the
building official or his designee, to give such notice to such
owner or owners of his violation of this article and to demand
elimination of the violation within fifteen (15) days after the
receipt, or posting, of such notice.
Sec. 16-3. Same -- Procedure and form.
The notice required by section 16-2.1, above, shall be given by
certified mail, addressed to the owner or owners of the property
described, as their names and addresses are then shown upon the tax
roll of the county property appraiser, as of the date received (or
posted). In the event that such notice is returned by postal
authorities without evidencing receipt thereof, the building
official, or his designee, shall cause a copy of the notice to be
served by a police officer of the city upon the occupant of the
property, or upon any agent of the owner thereof, if located in
Indian River County. In the event that personal service upon the
occupant of the property or upon any agent of the owner thereof
cannot be performed after two (2) attempts by such officer, the
notice shall be accomplished by physically posting same on the said
property.
The notice shall be in substantially the following form:
NOTICE OF PUBLIC NUISANCE
Name of owner
Address of owner
Public records indicate that you are the owner(s) of the following
property in the City of Sebastian, Florida:
(describe property)
An inspection of this property discloses, and the building
department has found and determined that a condition exists thereon
which is a violation of section 16-2 or 16-3 of the Code of
Ordinances of the City of Sebastian in that:
(describe here the condition which
places the property in violation)
You are hereby notified that unless the condition above described
is remedied so as to make it nonviolative of said section 16-2 of
the Code of Ordinances of said city within fifteen (15) days from
the date of receipt hereof, the City of Sebastian will proceed to
remedy this condition and the expenses, will be imposed as a lien
on the property if not paid within fourteen (14) days after receipt
of billing. If you have any questions, please phone the code
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enforcement department of the city.
If you dispute that said alleged conditions exist on said property,
you may request a hearing before the city code enforcement board
to show good reason why said condition should not be corrected.
Such notice must be in writing and must be postmarked by a date not
later than ten (10.0) days after your receipt of this notice by you
or the occupant of the premises, and addressed to city clerk, city
hall.
City of Sebastian, Florida
By
Building Official
Sec. X6-4. Hearing before code Enforcement Board.
Within ten (10) days after the receipt of notice or after the
service or posting of such notice on the property, the owner of the
property may make written request to the city clerk of the city for
a hearing before the code enforcement board to show that the
condition alleged in the notice does not exist, or other reason why
the alleged violation should not be corrected. At the hearing, the
city and the property owner may introduce such evidence as is
appropriate.
Sec. X6-5. Condition may be remedied by the city and llen imposed.
If within ten (10) days after the giving of notice, no hearing has
been requested in writing and the condition described in the notice
has not been completed within fifteen (15) days after receipt (or
posting) of notice, the building official or his designee shall
cause the condition to be remedied at the expense of the property
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owner. If a hearing has been held and is concluded adversely to
the property owner, and the condition is not remedied by the owner
within fifteen (15) days after said hearing, the building official
may cause the condition to be remedied at the expense of the
property owner. After causing the condition to be remedied, the
building official shall certify to the director of finance the
expense incurred in remedying the condition, including advertising
costs and all other expenses incurred by the city in correcting the
condition whereupon such expense shall become due and payable in
full within fourteen (14) days after receipt of the bill therefor,
after which a special assessment lien and charge will be made upon
the property, which lien shall be payable with simple interest at
the rate of one and one-half (1%) per cent per month on the unpaid
balance from the due date until paid. Such lien shall be
enforceable in the same manner as provided by law, and may be
satisfied at any time by payment thereof, including accrued
interest. Upon such payment, the director of finance shall, by
appropriate means, evidence the satisfaction and cancellation of
such lien upon the record thereof. Notice of such lien may be
filed in the office of the clerk of the circuit court and recorded
among the public records of Indian River County, Florida, and shall
be filed by the city's sanitary lien book.
Seo. ~6-6. Sanitary llen book. Upon the certification to the
director of finance by the mayor of the expense incurred in
remedying the condition as provided in section 16-5, above, the
director of finance shall enter in a book which shall be prepared
and kept for that purpose, and which shall be designated as the
"sanitary lien book," the legal description of the lots, tracts,
or parcels of land involved, the name of the owner or owners
thereof and the cost of remedying the conditions as described
therein, which shall constitute the legal requirements for the
acquiring of a lien on the part of the city against the property
described therein for the cost of remedying the conditions
violative of section 16-2, above.
Sec. X6-7. Rules and regulations authorized; adopted by refeNenoe.
The city manager is hereby authorized to promulgate and adopt such
reasonable rules and regulations as may be needed to effectuate and
enforce the intent of this chapter.
Sec. 16-8. Penalty for vlolation. Any person, or association of
persons, partnership or corporation violating any of the provisions
of this article, upon conviction thereof, shall be punished as
provided in section 1-10 of this Code. Any action taken pursuant
to this chapter in regard to the disposal, abatement or removal of
the conditions herein declared public nuisances shall be considered
cumulative and in addition to penalties and other remedies provided
elsewhere in this Code.',
Section 2. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
~ection 3. CODIFICATION. It is the intention of the
City Council of the City of Sebastian, Indian River County,
Florida, and it is hereby provided that the provisions of this
Ordinance shall become and be made a part of the Code of Ordinances
of the City of Sebastian, Florida; that the sections of this
Ordinance may be renumbered or relettered to accomplish such
intention; and the word "Ordinance" may be changed to "Section",
"Article" or other appropriate designations.
Section 4. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council of the city of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 5. EFFECTIVE D&TE. This Ordinance shall become
effective immediately upon its adoption.
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The foregoing Ordinance was moved for adoption by
Councilman ......... /~,~'3~..~.~ The motion was seconded
by Councilman ...~.~/~!'.~..~// and, upon being put to a
vote, the vote was as follows:
adopted this /J// day of
Mayor W. E. Conyers ~/.~
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid ~.~.
The Mayor thereupon declared this Ordinance duly passed and
, 1991.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
kath~Y~ M,' O'Halloran, CMC/AAE
City Clerk
By:
W. E. Conyers,/~ayor
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one public hearing~ wss held on this
Ordinance at 7:00 p.m. on the /d~9 day of ~,~, , 1991, and
that following said public hearing this Ord~~was passed by the
Kathryn~. O'Halloran, cMC/AAE
city Cl~rk
Approved~o Form and Content:
Charl~' Ian Nash, city Attorney
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